Monthly Maker Terms and Conditions

TERMS AND CONDITIONS

Updated September 20, 2019.

Please carefully review the following. By becoming a member of Talent Maker City, ("TMC") or otherwise using our website, you acknowledge that you have completely read, understood and consented to these Terms and Conditions.

EQUAL OPPORTUNITY POLICY

TMC is an inclusive organization that does not tolerate discrimination or harassment on the basis of race, age, color, religion, national origin or ancestry, sex, gender, disability, veteran status, genetic information, sexual orientation, gender identity or expression, or on any other basis prohibited by state or federal law.

AGE POLICY

TMC memberships are available for adults, 18 years and older. Unless otherwise specified, TMC workshops are open to anyone 18 years and older. Youth 16-17 may attend workshops provided a legal guardian has met with a TMC staff member and has signed a liability waiver. Youth ages 10-15 may attend workshops with an adult and a waiver signed by a legal guardian, with prior approval by TMC staff. For safety reasons, not all workshops are appropriate from youth under 16.

DAMAGES

If any member or workshop participant intentionally or negligently damages or removes TMC facilities or equipment in clear violation of TMC's safety or facility policies, TMC reserves the right to bill said TMC member or workshop participant for the cost to repair or replace the damaged item.

AUTOMATIC MEMBERSHIP RENEWAL

TMC automatically bills members on a recurring basis on the first of each month for monthly memberships, and the day before the annual membership anniversary date for annual memberships. Members may cancel their own accounts online at https://members.talentmakercity.org at any time. All membership cancellations must occur prior to the next bill date. It is the member’s responsibility to cancel their own membership before the next billing period. Bookings, locker storage, or other extras are invoiced separately on a monthly basis.

MEMBERSHIP REFUND POLICY

TMC offers refunds if membership is canceled within 5 days of the charge. After 5 days of the charge, TMC does not offer membership refunds except for specific events, such as moving over 25 miles from the area, disability or death. A 10% processing fee will be assessed for all membership refunds. Please send refund inquiries to makeit@talentmakercity.org.

WORKSHOP CANCELLATION POLICY

Please send refund or rescheduling requests to makeit@talentmakercity.org. Although we make our best effort to accommodate any late-notice cancellations due to unforeseen circumstances, TMC is not responsible for providing refunds for workshops, or other programming missed due to illness, emergencies, or events beyond our control with less than 24-hour notice. A 10% processing fee will be assessed for all canceled or rescheduled individual workshop registrations. TMC reserves the right to cancel programming at any time and will notify students via email and/or phone. In the case of a workshop cancellation, TMC will notify workshop takers no less than 24 hours before the scheduled workshop. In the rare event that TMC cancels a workshop, a full refund will be provided. If a workshop should fail to meet minimum enrollment 2 days prior to the scheduled meeting, the workshop will be canceled. If a student misses a single workshop in a series or portion of a workshop, TMC and its instructors are not responsible for makeup sessions. Students should inform TMC as soon as they are aware of a session they will miss. In some cases, the student may need to sign up for 1:1 instruction time in order to catch up.

MEDIA RELEASE

By becoming a member or by attending a TMC workshop, individuals consent that TMC has full and unrestricted publishing and use rights for any photographs (digital or print) or other recordings taken on TMC property by TMC employees or volunteers in which any image, materials or art, either brought into or created/generated at TMC, appears. Participants hereby release, discharge, and agree to hold harmless TMC from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. TMC retains the intellectual property rights of any such picture. 

WEAPONS

All firearms and other weapons are expressly prohibited on the premises. This includes weapons covered under a Concealed Weapons Permit.

STORAGE POLICY

Projects or materials may be stored at TMC only with the permission of a TMC staff member and provided they are stored in a location that is not hazardous or inconvenient. Such projects or materials must be properly labeled with the maker's full name, the date it will be removed, and a phone number of the project owner. Unlabeled items left on the premises for more than 48 hours or after membership expires will be removed. TMC will make an effort to notify individuals before material/projects are removed. TMC is not responsible for any item left at TMC under any circumstances. 

Lockers for temporary project storage are available on a limited basis; additional rental fees apply. Contact makeit@talentmakercity.org to request temporary project storage. TMC reserves the right to restrict the materials and equipment members and participants may bring to the TMC facility if such items have the potential to impede TMC staff, member or workshop participant use and enjoyment of the TMC facility. All solvents and other chemicals brought to the shop must have prior clearance from TMC staff. 

PRODUCTION

TMC provides workshop access for limited production runs of goods. Select pieces of equipment are available at an additional charge for scheduled use up to 4 hours (see Resources tab). Prior review and approval of the production plan is required by TMC staff. At the discretion of TMC and its staff, any members viewed as doing large scale production work that uses resources above and beyond membership dues in any of the TMC shops will be notified to stop production, and membership may be canceled and any associated fees relating to production may be charged to said member's account.

GUESTS

Due to liability concerns, no guests of members or otherwise are permitted in the shop unless they are accompanied by a staff member. All guests must sign in at the front desk.

CONDUCT

TMC does not permit and will not tolerate any inappropriate conduct. Such conduct includes, without limitation, intoxication, using loud, abusive, offensive, insulting, demeaning language, profanity, lewd conduct or any conduct that harasses or is bothersome to members, guests, or TMC employees.

VIOLATION OF POLICIES OR RULES

If any member or guest violates any TMC policies or these Terms and Conditions, TMC may ask that person to stop work and leave the premises. A member’s violation of any of the policies, Terms, and Conditions, may also cause TMC in its sole discretion, to terminate that person’s membership and/or other agreements with no right to a refund.

PRIVACY POLICY

TMC does not sell or otherwise share personal information collected in our facility or via our website at www.talentmakercity.org.

LIABILITY

All new members are required to successfully complete a New Member Orientation prior to working in the shop in any capacity. Members must sign the Safety Orientation Acknowledgement and Waiver of Liability form after completing the orientation.

ADDITIONAL TERMS AND CONDITIONS

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://www.talentmakercity.org website (the “Service”) and all of its pages operated by Talent Maker City (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

INTELLECTUAL PROPERTY

The Service and its original content, features, and functionality are and will remain the exclusive property of Talent Maker City and its licensor. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Talent Maker City. Any person or entity misappropriating Talent Maker City’s intellectual property for commercial gain shall be subject to contract damages for breaching these Terms and Conditions, including liquidated damages in the amount of $10,000, in addition to damages for intellectual property violations.

LINKS TO OTHER WEBSITES

For the convenience of the readers and users, we may contain links to third-party web sites or services that are not owned or controlled by Talent Maker City. However, Talent Maker City does not recommend or endorse the contents of any linked third-party site.

Talent Maker City has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Talent Maker City shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

LIMITATION OF LIABILITY

In no event shall Talent Maker City, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Talent Maker City its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US

If you have any questions about these Terms, please contact us via email makeit@talentmakercity.org

Cobot Terms and Conditions

Cobot is the web platform used by Talent Maker City to provide this website.

1. General

1.1. Upstream-Agile GmbH, Adalbertstraße 7-8, 10999 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 110149 B (“upstream”) provides an application to manage coworking spaces via its website www.cobot.me (the “Service” or “Services” or “Cobot”) as further specified on www.cobot.me (the “Website”).

1.2. All contractual relationships between upstream and any customer of upstream using Cobot (“Customer”, together with upstream the “Parties”, each a “Party”) shall be governed by these terms of service (“Terms of Service”). By registering on the Website or using Cobot, the Customer agrees to be bound by these Terms of Service.

1.3. Standard business conditions and/or general terms and conditions of the Customer do not apply, regardless of whether or not upstream has expressly objected to them in a particular case.

2. Registration

2.1. Any use of Cobot requires prior registration on the Website by creating an account (“Account”) and the acceptance of these Terms of Service. Customer must provide accurate and complete information and keep the Account information updated.

2.2. Customer is solely responsible for the activity that occurs on their Account. Customer shall keep their login data (password) confidential and prevent any unauthorized use by third parties. He shall immediately inform upstream if there are indications that any third party is misusing their account.

3. Use of Services

3.1. Offers published by upstream on the Website are non-binding.

3.2. The Customer may use Cobot for a trial run after registering. The Customer may only register for a trial run once. If a Customer registers for more than one trial run, upstream will have the right to delete these additional Accounts.

3.3. By registering on the Website according to section 2 hereof and subscribing to a subscription plan, the Customer makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by upstream by making available the respective Service. Upon the acceptance of a subscription a contract governed by these Terms of Service between the Customer and upstream is concluded (the “Contract”).

4. Prices and Payment

4.1. The price for using Cobot depends on the number of members which are using the coworking space of the respective Customer (each a “Member”).

4.2. The Customer will be required to provide upstream with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a “Payment Source”) for which the Customer is authorized to approve charges to allow upstream to collect payment from the Customer for their subscription plan. The Customer authorizes upstream to automatically and immediately bill the Payment Source when payments for subscription plans are due. The Customer shall only be allowed to raise an objection to a bill/deduction within eighty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the Customer.

4.3. The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and then on a monthly or, as applicable, annual basis.

4.4. The prices stated on the Website are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the Customer.

5. Contract Period, Termination of Contract, Cancellation of account

5.1. The Contract runs for an indefinite time and will remain in effect until terminated by one of the Parties in accordance with the Terms of Service.

5.2. The Parties may terminate this Contract for any or no reason at their convenience to the end of each month.

5.3. The Customer having used the trial run may unsubscribe from Cobot anytime without giving reason and without notice by using the respective button in their account.

5.4. The right of termination for cause and without notice remains unaffected for both Parties. A good cause for termination shall include, but shall not be limited to, any of the following events:

5.4.1. the Customer fails to comply with any applicable legal provisions;

5.4.2. a serious breach of the Customer of obligations arising from these Terms of Service by the Customer;

5.4.3. an attempt a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the Services;

5.4.4. the Customer fails to pay the fees for the ordered Services;

5.4.5. a proceeding to wind-up the Customer or similar is brought against, or by the Customer (especially including insolvency and creditor protection scenarios and similar).

5.5. Any termination declaration shall be made via the “termination” button within the Account.

5.6. In the event of termination,

5.6.1. the Account of the Customer will be disabled and the Customer may not be granted access to their Account or any files or other content contained in the Account although residual copies of information may remain in upstream’s system;

5.6.2. any rights of use granted to Customer for using Cobot shall expire immediately and Customer shall cease to use the Services;

5.6.3. upstream will not refund any prepaid fees to Customer.

5.7. After a period of inactivity, whereby a user fails to log in to an Account for a period of nine months, upstream reserves the right to disable or terminate the Account. If an Account has been deactivated for inactivity, the subdomain associated with that Account may be given to another Customer without further notice.

6. Intellectual Property Rights

6.1. Subject to these Terms of Service, and for the duration of the Contract, upstream grants the Customer a non-exclusive license to use the Services, which non-exclusive license is hereby accepted by Customer (the “License”). The License shall be granted as non-exclusive, non-assignable, non- transferable, with no right to sub-license, worldwide limited right to use the Services. Customer is responsible for its staff’s compliance with the Terms of Service.

6.2. The scope of the License shall be subject to and limited by the number of Members as agreed between upstream and the Customer.

6.3. upstream does not claim any ownership in any of the content uploaded, transmitted or stored by the Customer in its Account. upstream will not use any of such content for any purpose except to provide the Customer with the Services.

7. Proper use

7.1. The Customer agrees that they are responsible for their own communications and for any consequences thereof. The Customer shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. In particular, the Customer shall, shall not agree to, and shall not authorize or encourage any third party to:

7.1.1. use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware or is otherwise objectionable as reasonably determined by upstream;

7.1.2. upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

7.1.3. prevent others from using the Service; or

7.1.4. use the Service for any fraudulent or inappropriate purpose.

7.2. upstream reserves the right to delete any infringing content according to this section 7, terminate the Services and/or suspend Accounts of a Customer that is violating any of these Terms of Service, in particular this section 7.

8. Representations and Warranties

The Customer represents and warrants that (i) all information provided by them to upstream to participate in the Services is correct and current; and (ii) the Customer has all necessary right, power and authority to enter into the Contract and to perform the acts required of Customer hereunder.

9. Indemnification

9.1. The Customer will indemnify, defend, and hold harmless upstream and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Customer’s use of the Website and/or Services; (ii) any breach by the Customer of any warranty defined in section 8; (iii) any claim that the Customer’s content distributed via the Services caused damage to a third party.

9.2. In cases of an aforementioned enforcement of claims by third parties, the Customer will provide upstream with all their information that is needed for the examination of the claim and for the defense against it. The Customer provides the information immediately, truthfully, and completely.

9.3. The regulation of liability of the Customer or their obligation of indemnification shall apply to the same extent in the event of an act of a Member of the Customer.

10. Limitation of Liability

10.1. upstream’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover

10.1.1. damage from injury to life, body or health caused by upstream;

10.1.2. damages caused by upstream that are a result of willful intent or gross negligence;

10.1.3. damages caused by upstream as a result of slight negligence in the event of upstream’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;

10.1.4. upstream’s liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers upstream’s liability.

10.2. Liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

10.3. The limitations and/or restrictions of upstream’s liability shall also apply to the personal liability of its legal representatives and vicarious agents.

10.4. upstream will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.

11. Use for reference

The Customer agrees that upstream may use information of the Customer provided by them (i.e. the name/trademark) for marketing purposes as reference on the Website. The Customer may withdraw such consent by writing an email to upstream to support@cobot.me.

12. Privacy Policy

upstream provides the Customer with information on how data is collected and processed in Upstream’s Privacy Policy.

13. Miscellaneous

13.1. These Terms of Service shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. Both Parties submit to the exclusive jurisdiction of the courts of Berlin.

13.2. Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.

13.3. upstream reserves the right to change these Terms of Service at any time without indicating the reasons. upstream will notify Customer of the changed Terms of Service on the Website or via email no later than two (2) weeks before the refined terms will take effect. In case Customer objects the new Terms of Service they may terminate the Contract with a period of two (2) weeks upon receipt of the information about the changes by upstream via the “termination” button within the Account.

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